Jill Chasson Examines Employer Liability for Nonemployee Harassment in HR Laws

A recent sexual harassment lawsuit against an Arizona senior living operator reinforces a key lesson for residential care, hospitality, and other client service employers: they can face potentially significant liability for harassment committed by nonemployees. In her latest HR Laws article, Partner Jill Chasson broke down the resulting consent decree and its implications for workplace policies and complaint handlings. Jill analyzed the Equal Employment Opportunity Commission (EEOC) case against Christian Care Management Inc., which allegedly failed to investigate multiple complaints about a male resident’s sexually explicit comments and vulgar behavior toward female employees. The case resulted in a $250,000 settlement, mandated policy changes and training, and ongoing EEOC oversight. Jill emphasized that employers may be liable for nonemployee harassment if they know or should know about the...

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Jill Chasson Discusses Ninth Circuit Decision Highlighting Risks of Offensive Music in the Workplace

The United States Court of Appeals for the Ninth Circuit (which includes Arizona) recently ruled that offensive music in the workplace can be considered auditory harassment and provide a basis for a hostile work environment claim under Title VII of the Civil Rights Act of 1964. Employment law partner Jill Chasson explained the case and the importance of the appellate court’s decision in an article for HR Laws. The case involved a warehouse in Nevada where managers and employees continued playing sexually graphic, violent, and misogynistic music despite two years of complaints from both female and male employees. Jill explained that in reviving the case after the trial court dismissed it, the Ninth Circuit confirmed that employers can’t avoid liability by asserting an “equal opportunity harasser”...

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